It is a popular view thatpractical deliberation excludes foreknowledge of one's choice. Wolfgang Spohn and Isaac Levi have argued that not even a purely probabilistic self-predictionis available to thedeliberator, if one takes subjective probabilities to be conceptually linked to betting rates. It makes no sense to have a betting rate for an option, for one's willingness to bet on the option depends on the net gain from the bet, in combination with the option's antecedent utility, rather than on the offered (...) odds. And even apart from this consideration, assigning probabilities to the options among which one is choosing is futile since such probabilities could be of no possible use in choice. The paper subjects these arguments to critical examination and suggests that, appearances notwithstanding, practical deliberation need not crowd outself-prediction. (shrink)

The core of the paper consists of dialogue from a true case where an employee experienced moral dilemmas following a disquieting directive from his manager. The case is considered from the perspective of Dancy's particularistic theory of moral reasons. This case was chosen not to illustrate the theory, but rather to test the assumption that an approach to moral judgement based on Ross and Dancy has general applicability. It is suggested that, in its simplest form, that approach (...) approximates to the manner in which people in organisations, without prior knowledge of ethical theorising, would ordinarily deal with comparable situations, and so it can be relatively easy to learn given practice. Based on this case, some insight is also offered into individuals' moral learning, including their need for personal qualities such as assertiveness and independence of mind. In that context a reciprocal relationship between Dancy's approach and Werhane's thinking on moral imagination is suggested. (shrink)

Moral diversity is a fundamental reality of today’s world, but moral theorists have difficulty responding to it. Some take it as evidence for skepticism – the view that there are no moral truths. Others, associating moral reasoning with the search for overarching principles and unifying values, see it as the result of error. In the former case, moral reasoning is useless, since values express individual preferences; in the latter, our reasoning process is (...) dramatically at odds with our lived experience. Moral Reasoning in a Pluralistic World takes a different approach, proposing an alternative way of thinking about moral reasoning and progress by showing how diversity and disagreement are compatible with theorizing and justification. Patricia Marino demonstrates that, instead of being evidence for skepticism and error, moral disagreements often arise because we value things pluralistically. This means that although people share multiple values such as fairness, honesty, loyalty, and benevolence, we interpret and prioritize those values in various ways. Given this pluralistic evaluation process, preferences for unified single-principle theories are not justified. Focusing on finding moral compromises, prioritizing conflicting values, and judging consistently from one case to another, Marino elaborates her ideas in terms of real-life dilemmas, arguing that the moral complexity and conflict we so often encounter can be part of fruitful and logical moral reflection. Aiming to draw new connections and bridge the gap between theoretical ethics and applied ethics, Moral Reasoning in a Pluralistic World offers a sophisticated set of philosophical arguments on moral reasoning and pluralism with real world applications. (shrink)

This paper serves both as a discussion of Henry’s (Ethical Theory Moral Practice, 5:255–270, 2002) interpretation of Aristotle on the possibility of akrasia – knowing something is wrong and doing it anyway – and an indication of the importance of desire in Aristotle’s account of moral reasoning. As I will explain, Henry’s interpretation is advantageous for the reason that it makes clear how Aristotle could have made good sense of genuine akrasia, a phenomenon that we (...) seem to observe in the real world, while maintaining non-trivial distinctions between temperance (sôphrosunê), self-indulgence (akolasia), self-control (enkrateia) and akrasia. There are, however, some interpretive challenges that follow from Henry’s account and this paper is intended to explain and resolve those. (shrink)

The question “Why be moral?” is open to at least three extremely different interpretations. One way to distinguish these interpretations is by picturing the question as being asked by, respectively, Allan, who is going to act immorally unless he can be convinced to act otherwise, Beth, who is perfectly happy to do what is morally required on a certain occasion but who wants to know what is it about the act that makes it morally required, and Charles, who is (...) trying to understand why rational people act morally. An answer to the question as understood by Allan is, for some, the holy grail of moral philosophy, and it is also perhaps the default understanding of the question. The question as asked by Beth is what David Copp, in his contribution to this volume, calls the “why-think-morality-requires-this” question. The question as asked by Charles can be called the “what-rationally-justifies-moral-behaviour” question. Charles’ question, importantly, is about rationalpermissibility,and it is most pointed when moral behaviour requires sacrifice. (shrink)

Nigel Biggar argues against ‘dirty hands’ reasoning for two reasons. The first is that dirty hands reasoning is paradoxical. The second is that ‘dirt’ in dirty hands is often—and wrongly—conceived as guilt. According to Biggar, the dirt should instead be understood as regret. In this article, I defend dirty hands reasoning against both criticisms. On the one hand, I argue that dirty hands reasoning is not necessarily paradoxical. On the other, I argue that, because guilt, more (...) than regret, is meant to motivate the agent we should prefer a prima facie interpretation of the ‘dirt’ in dirty hands as guilt instead of regret. (shrink)

This article argues that both courage and reason are necessary aspects of moral action. It begins by examining Plato’s changing conceptions of these two virtues, and, in particular, the settled view he arrives at in The Statesman. Sloterdijk’s recent attempt in his book advocating rage to appropriate this dialogue in order to criticize Habermas is then considered. I suggest, by interpreting various claims by these two authors, that neither understands that both reason and courage have essential roles in (...) class='Hi'>moral action. Additional support for this conclusion is found, not just in Plato’s late work, but in a ‘third generation’ reworking of critical theory recently developed by Menke. (shrink)

I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of (...) adjudication. I offer an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political (...) reasons on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Can reasoning improve moral judgments and lead to moral progress? Pessimistic answers to this question are often based on caricatures of reasoning, weak scientific evidence, and flawed interpretations of solid evidence. In support of optimism, we discuss three forms of moral reasoning (principle reasoning, consistency reasoning, and social proof) that can spur progressive changes in attitudes and behavior on a variety of issues, such as charitable giving, gay rights, and meat consumption. We (...) conclude that moral reasoning, particularly when embedded in social networks with mutual trust and respect, is integral to moral progress. (shrink)

The research method of Buddhist ethics is contemporary ethical theory, which focuses on precepts (Sila) and disciplines (Vinaya) in experience, rather than transcendental moral ideals (Nirvana or wisdom). Precepts are seen as external norms, while disciplines are internal norms. The former belongs to rule ethics and the latter belongs to virtue ethics. Although the exposition of duty and responsibility can be discovered in Buddhist ethics, there is no sufficient reason to interpret Buddhist ethics as deontology. Views on the consequences (...) of actions can also be found in Buddhist classics, but it is hard to say that Buddhist ethics is the theory of consequences or utilitarianism. The method of rule ethics in the discussion of Buddhist ethics has failed, and Buddhist virtue ethics is a feasible alternative. However, previous research on Buddhist virtue ethics was not perfect, and the teleology of Aristotelian was reasonably criticized. Influenced by caring ethics, emotionalism virtue ethics is a more suitable way to understand Buddhist ethics. The moral reason for Buddhism is a whole argumentation system, including moral rules and moral virtues. (shrink)

It is widely held that moral reasons are universalizable. On this view, when I give a moral reason for my action, I take this reason to apply with equal normative force to anyone placed in a relevantly similar situation. Here, I offer an interpretation and defense of Iris Murdoch's critique of the universalizability thesis, distinguishing her position from the contemporary versions of particularism with which she has often been mistakenly associated. Murdoch's argument relies upon the idea that (...) moral concepts may take on idiosyncratic meanings that are unique to a particular individual. Consequently, an agent may conceptualize her situation in such a way that it would not make sense to imagine anyone else facing it. For such an agent, it would be meaningless to say that she took her reasons to apply to anyone other than herself. I defend Murdoch’s argument through an extended analysis of a literary example, and consider and reject four possible lines of objection. Finally, I consider the consequences of the argument for our understanding of the nature of moral reasoning and what Murdoch describes as the ‘endless task’ of love. (shrink)

. Moral systems are described as systems of indirect reciprocity, existing because of histories of conflicts of interest and arising as outcomes of the complexity of social interactions in groups of long‐lived individuals with varying conflicts and confluences of interest and indefinitely iterated social interactions. Although morality is commonly defined as involving justice for all people, or consistency in the social treatment of all humans, it may have arisen for immoral reasons, as a force leading to cohesiveness within human (...) groups but specifically excluding and directed against other human groups with different interests. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

The question “Why be moral?” is open to at least three extremely different interpretations. One way to distinguish these interpretations is by picturing the question as being asked by, respectively, Allan, who is going to act immorally unless he can be convinced to act otherwise, Beth, who is perfectly happy to do what is morally required on a certain occasion but who wants to know what is it about the act that makes it morally required, and Charles, who is (...) trying to understand why rational people act morally. An answer to the question as understood by Allan is, for some, the holy grail of moral philosophy, and it is also perhaps the default understanding of the question. The question as asked by Beth is what David Copp, in his contribution to this volume, calls the “why-think-morality-requires-this” question. The question as asked by Charles can be called the “what-rationally-justifies-moral-behaviour” question. Charles’ question, importantly, is about rational permissibility, and it is most pointed when moral behaviour requires sacrifice. (shrink)

This paper starts by giving an interpretation of the notorious question "Why be moral?" Then, to answer that question, it develops an account of why some moral reasons -- specifically, the moral reasons that ground moral requirements -- are sufficiently weighty that they outweigh all countervailing reasons for action.

El siguiente artículo tiene por objetivo mostrar la mutua correspondencia entre experiencia e historicidad en la obra de Hans-Georg Gadamer. La experiencia es entendida como el movimiento fundamental de la existencia histórica, la que articula las diversas esferas de la acción humana. La experiencia hermenéutica pone de manifiesto que el comprender no puede fundarse en un procedimiento metódico, sino en la forma del existir situado en el mundo. El acto hermenéutico es entendido como un continuo proceso de apropiación, que se (...) realiza mediante el lenguaje, y donde se van actualizando nuevos significados que develan el carácter aconteciente y móvil de la interpretación. Por ello, la historicidad de la comprensión será el principio hermenéutico fundamental que excluye la posibilidad de una conciencia histórica absoluta, a favor de una “conciencia de la repercusión histórica” (wirkungsgeschtliches Bewußtseins). The following article aims at showing the mutual correspondence between experience and historicity in the work of Hans-Georg Gadamer. Experience is understood as the fundamental movement of the historical existence, whichvarious spheres ofhuman action. The hermeneutic experience shows thatnot lie in methodical procedure, but in the way of existence in the world. The hermeneuticis understood as a continuing process that is carried out through language and where new meanings are updated, that reveal mobile characteristics of the interpretation. Therefore, the understanding the hermeneutical principle which excludes possibility ofabsolute consciousness, in favor of a historically-effected consciousness (wirkungsgeschtliches Bewußtseins). (shrink)

Chapter 1 discusses John Dewey's pragmatism and his reasons for rejecting a picture of the world which disallows human interest, striving, and concerns. Chapter 2 discusses the work of Richard Rorty's anti-foundationalism and attempts to reconstruct philosophy as hermeneutics. Chapter 3 discusses the work of Helen Longino, Lynn Hankinson Nelson, and Sandra Harding all of whom represent feminist attempts to reconstruct a concept of objectivity which is answerable to feminist concerns and which is built around an epistemolgical framework which does (...) not depend on the conception of a thing-in-itself and which emphasizes the social nature of epistemology. Longino makes clear how objects of inquiry are characterized differently in the context of different research projects. Nelson addresses the connection between moral reasoning and scientific reasoning. Harding's version of feminist standpoint theory constructs a version of 'strong objectivity'. In Chapter 4 I turn to a discussion of interpretations of Nietzsche. I argue that we need not see Nietzsche as denying truth, and I suggest the promising metaphor of omniperspectvism, found in The Genealogy of Morals, as a framework for a new concept of objectivity. Chapter 5 draws on the work of Lorraine Code to discuss how omniperspectivism and a discourse of epistemological virtue can be combined to define a better conception of objectivity than the traditional concept which emphasizes value-neutrality and disinterestedness. The major tenets of this chapter are that moral reasoning and scientific reasoning inform each other, and that these discourses interact together in the process of coming to know the world and each other; that feminist insights into the functioning of sexism and racism in scientific research, reasoning, and theory construction must be taken seriously, and that a new objectivity must allow us to evaluate and critically analyze presuppositions; that we will inevitably have problems of exclusion and disagreement, but that this need not undermine objectivity but may, in some instances, actually enhance it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Inductive Scepticism and Experimental Reasoning in Moral Subjects in Hume's Philosophy Anne Jaap Jacobson According to its title page, Hume's Treatise Concerning HumanNature is An ATTEMPT to introduce the experimental Method ofReasoning INTO MORAL SUBJECTS."1 And from the first section onwards, Hume makes statements about the human mind which are given an unqualified generality;An Enquiry ConcerningHuman Understanding is marked by a similar assurance that much about (...) human understanding can be known. Because of this, exegesis which attributes to Hume an unrestrained scepticism about the experimental method appears to attribute to him inconsistency on such a scale as to render the interpretation itselfquestionable. Nonetheless, there is, atleast on the face ofit, considerable justification for ascribing to Hume just such a scepticism. In this paper I explore sceptical features, some ofthem important but little noticed, in Hume's treatment of causality and our beliefs about the unobserved. Though I end by suggestinghow to avoidviewing Hume in this area as simply lamentably inconsistent, Hume's use of the experimental method doesremain problematic, as, I suggest, Hume himselfthought. The first three of the following sections in this paper treat connected themes in Hume's philosophy which, when taken together, present us with a very sceptical view of experimental reasoning. I. Necessity as projected impression Hume holds that our beliefs about causality in the objects are in large part the result of a projection of an internal impression of (some kind of) necessity. The thesis ofprojection is not entirely straightforward; to see this, let us ask the question, is the impression which is projected semantically simple or complex? There are excellentreasonsforregarding the impression as simple as Hume conceives of "simple" in this context. Hume himselfappears to sayitis simple (E 64, n. 1). Andmuch of Hume's discussion ofnecessity is driven by the principle that there can be no idea without a preceding impression, and this principle applies only to simple ideas. But the consequent reading is far from satisfactory. To see the problem, let us look at what seems to be the Volume XV Number 2 325 ANNE JAAP JACOBSON most entrenched understanding ofHume, one perhaps amark ofKemp Smith's influence. This is the view that Hume is saying that the impression source of our idea of necessity is a feeling of anticipation. The problem is this: ifa feeling ofanticipation is a simple impression, it is not at all clear that the impression can do the job Hume has for it. Remember that if the impression is in content itselfrelational, then it is not a simple impression on Hume's own account, since ideas of relations are for him complex (T 13). Hence, we might take the impression to be of the sort described by Stroud, according to whom the impression yielding our idea of necessity is semantically unrelated to the elements of the relation. But such a reading robs Hume of the explanatory position he so clearly thinks he has. If we have a semantically simple impression it becomes a mystery why the spreading has the effects that it does: when we transfer the determination ofthe thought to external objects, andsuppose any real intelligible connexion betwixt them. (T 168, my emphasis) Why does spreading some simple, indefinable feeling result in our supposing there is a real intelligible connection between the objects on which the mind has spread? To get this result it looks as though the mind will have tomake two mistakes: thefirstmistake is the spreading, and the second mistake consists in the mind's inferring from the experience of the impression as spread that somehow the causal inference itself is also out there in nature as an intelligible connection. But, while Hume does sometimes seem to suggest we make this sort of two-step error (T 223, for example), such a picture makes it seem that the impression spread is not really the semantic source of (that is, wholly determinate of the content of) our idea ofnecessity. Rather, on the two-step error model, our belief that there are connections enters as a result of an inference following upon the spreading; however, for Hume, an inference is not the way an impression ofX gives rise to an idea ofX... (shrink)

The conventional interpretation of Thomas Aquinas's concept of "moral science" casts it as a knowledge of moral rules that are the outcome of a deductive method of theoretical reason. However, there is a practical moral science that is possessed by ordinary people who are capable of a moral wisdom that is not derived from philosophy. The doctrine concerning this moral science is found in the texts of Aquinas as he takes up and strengthens the (...) philosophy of Aristotle. This book examines how moral science, then, is not a theoretical set of conclusions imposed on the will, but it is rather the grasping of a whole set of human ends that are intellectually apprehended by a compositive method. (Series: Philosophy: Science and Research / Philosophie: Forschung und Wissenschaft - Vol. 42). (shrink)

Aquinas is often presented as following Aristotle's "Nicomachean Ethics" when treating moral virtue. Less often do philosophers consider that Aquinas's conception of the highest good and its relation to the functional character of human activity led him to break with Aristotle by replicating each of the acquired moral virtues on an infused level. The author suggests that we can discern reasons for this move by examining Aquinas's commentary on the "Sententiae" of Peter the Lombard and the "Summa theologiae" (...) within their historical context. The author's thesis is that Dominican pastoral and intellectual concerns led Aquinas to argue that moral virtue must necessarily be ordered toward the highest good. Understanding this purpose helps to explain his presentation of moral virtue and its implications for standard philosophical interpretations of his work. (shrink)

Philosophy and psychoanalytical psychology converge in this examination of some of the central themes in this work on María Zambrano, such as exile, mercy, and the development of the individual. With a special focus on the psychology of the unconscious and the universe of symbolism, the book also provides thought-provoking interpretations of two emblematic tragic figures, those of Oedipus and Antigone, and an interesting approach to the figure of Cervantes' Dulcinea.

This paper examines four interpretations of the observation that humanitarian intervention might be used ‘selectively’ or ‘inconsistently’ in order to elucidate the normative commitments of the deliberative process in international relations. The paper argues that there are several types of concerns that are implicit in the accusation of inconsistency, and only some of them amount to objections to humanitarian intervention as a whole. The paradox of humanitarian intervention is that intervention is prohibited except where the intervention is humanitarian, yet humanitarian (...) reasons never exist in isolation, and it is nearly impossible to determine the real reason for intervention (or any other collective action) in the international arena. The problems revealed by an examination of inconsistency in the example of humanitarian intervention turn out to be general problems with applying the norms of practical reasoning to moral questions dealing with collective agents. (shrink)

We offer a model of moral reform and regeneration that involves a wrong-doer making two movements: on the one hand, he identifies with himself as the one who did the act, while he also intentionally moves away from that self (or set of desires and intentions) and moves toward a transformed identity. We see this model at work in the formal practice of contrition and reform in Christian and Buddhist rites. This paper is part of a broader project we (...) are undertaking on the philosophy of forgiveness. (shrink)

Rationalism about the psychology of moral judgment holds, among other things, that the justifying moral reasons we have for our judgments are also the causally effective reasons for why we make those judgments. This can be called the ‘effectiveness’-thesis regarding moral reasoning. The theory that best exemplifies the thesis is the traditional conscious reasoning-paradigm. Current empirical moral psychology, however, poses a serious challenge to this thesis: it argues that in fact, emotional reactions are necessary (...) and sufficient to account for moral judgment, and that typically, moral reasoning is a matter of mere confabulation. In this survey, the empirical challenge to this thesis made by the ‘social intuitionist’ model of moral judgment and reasoning is discussed. The model claims that moral reasoning is essentially ineffective and, psychologically speaking, a matter of mere post hoc-rationalizations of cognitively impenetratable gut reactions. Several interpretations of this evidence are discussed and it is shown that there is room for a psychology of moral reasoning that can account for the available empirical evidence and yet does not have to give up the most central elements of a normative picture of moral reasoning. (shrink)

AbstractSpirituality continues to exert a strong influence in people’s lives both in work and beyond. However, given that spirituality is often non-formalized and personal, we continue to know little about how moral reasoning is strategized. In this paper, we examine how Buddhist leader-practitioners interpret and operationalize a process of self-decentralization based upon Buddhist emptiness theory as a form of moral reasoning. We find that Buddhist leader-practitioners share a common understanding of a self-decentralized identity and operationalize self-decentralization (...) through two practices in Buddhist philosophy—skillful means and the middle way—to foreground social outcomes. However, we also find that practitioners face tensions and challenges in moral reasoning relates to agency—the ‘re-centering’ of the self as an enlightened self and the use of karmic reasoning to justify (un)ethical behavior—and contextual constraints that lead to feelings of vulnerability and exclusion. We present a model that elaborates these processes and invite further research that examines novel approaches and dynamic interpretations of the self in moral reasoning. (shrink)

Courts play a key role in deciding on public health controversies, but the legitimacy of judicial intervention remains highly controversial. In this article I suggest that we need to carefully distinguish between different reasons for persistent disagreement in the domain of public health. Adjudicating between public health controversies rooted in factual disagreements allows us to investigate more closely the epistemic capacities of the judicial process. While the critics typically point out the lack of appropriate expertise of judges—in particular with respect (...) to health and public health—we should not move too fast in inferring from this a generalized competence problem. This article offers four reasons for vindicating the importance of judicial intervention in factual disagreements: the relative independence of judges from the political establishment, the judicial commitment to evidence, the specific nature of judicial reasoning and an additional voice for the people in the policy-making process. (shrink)

Literature has been philosophically understood as a practice in the last thirty years, which involves “modes of utterance” and stances, not intrinsic textual properties. Thus, the place for semantics in philosophical inquiry has clearly diminished. Literary aesthetic appreciation has shifted its focus from aesthetic realism, based on the study of textual features, to ways of reading. Peter Lamarque’s concept of narrative opacity is a clear example of this shift. According to the philosophy of literature, literature, like any other art form, (...) does not compel us to engage realistically with it. Against this trend, this paper argues for the distinction between two kinds of opacity, defending textual opacity as a necessary condition for literary opacity. In this sense, examples in literary criticism properly illustrate not a peripheral role of meaning in literary appreciation, but arbitrariness in interpretation, which involves semantic concerns. So the assumed interest in the specific ways in which literature embeds meaning in fictional narrative works. (shrink)

This chapter contains sections titled: Reincarnation/Rebirth Karma Causality Problem of Evil Determinism, Freedom, and Moral Responsibility Karma and Release Transfer of Merit Recent Developments Works cited.

This article provides a comparative and interpretative analysis of the emerging projects in Latin America after the crisis of the neoliberal modernity project. It offers a critical interpretation of the current tendencies in Latin American politics at the national level, while suggesting some hints to understand the current neoliberal crisis in Western countries after Trump’s electoral triumph. The purpose is to figure out the collective meanings behind the new national projects in Latin America (postcolonial indigeneity, confrontational populism, defective neoliberalism, (...) and social liberalism) that are constructing a new regional order. The work examines how the neoliberal modernity project came to be dominant in the late 1980s, only to enter into a period of crisis in the current century. That crisis, in turn, provides the basis for exploring four different alternative projects of modernity, based on the kind of rationality and agency promoted by them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Stewart R. Sutherland LANGUAGE AND INTERPRETATION IN CRIME AND PUNISHMENT OF some novels it is possible to argue with justification that the problems of interpretation and understanding begin on the first page. Of Dostoyevsky's Crime and Punishment it is possible to contend that the problems of interpretation and understanding begin on the title page. The terms "crime" and "punishment" are overtly moral. The novel is (...) read in the context of a title which exhibits its values where they may be seen by all. What significance must we attach to the choice of such a title? It is possible that the title gives to us a characterization of the content of the novel which, retrospectively, we can only regard as either self-consciously ironical, or perhaps pathetically so, but how are we to decide whether this is more than a possibility? Having raised this question, I propose to set it aside in the hope of returning to it equipped with the experience derived from a number of literary and philosophical digressions. The literary and conceptual style of critical comment upon a novel often betrays much that is definitive of the response being elucidated. If one compares and contrasts Philip Rahv's essay on Crime and Punishment with the appropriate chapter of Mochulsky's Dostoevsky,2 the implication of this general claim may be clarified. My intention here is to use largely ostensive means to suggest the radically different accounts of the novel given to us by these two writers. That the conclusions are different is hardly in need of statement. What is worth examining is the character of the language and of the arguments used to substantiate those conclusions. The point of my discussion will rest not upon assessing the accuracy or legitimacy of particular judgments, but rather upon delineating the general contours of the intellectual contexts in which these judgments are offered. 223 224Philosophy and Literature Rahv's focus is on the character or psyche of Raskolnikov. The novel is seen largely in the form of a psychological study of the mind of the murderer. He reminds us that a central problem for Raskolnikov, for the reader, and for Dostoyevsky himself, is the identification of Raskolnikov's motive—not that there is an absence of motives, indeed quite the reverse: "He is soon lost in the maze of his own motivation" (p. 20). His mind spins incessantly upon an axis the nature of which is nowhere made unambiguously apparent. Nor, it seems, can we replace our search for a motive, or the sufficient reason for action, by identifying a supreme assertion of will: again, on the contrary, we are told, "Dostoyevsky is the first novelist to have fully accepted and dramatized the principle of uncertainty or indeterminacy in the presentation of character" (p. 21). Despite that, however, the success of the novel rests upon Dostoyevsky's skills in allying the insight "... that human consciousness is inexhaustible and incalculable" (p. 19), to "his capacity to combine [seeming contradictions] in a single brain and a single psyche, while staving off the danger of incoherence at one end and of the specious reconciliation at the other..." (p. 38). The mood ofRahv's treatment of the novel is dominated in this way by the language of (largely popularized) psychology—"pathological depression," "nameless guilt-feelings," "wishful fantasy"—and not surprisingly, he sees his own preoccupations as mirroring those of Dostoyevsky: "What Dostoyevsky has done in revising Raskolnikov's justification is to convert into a theory of human nature what is in Hegel not a psychological theory at all but a theory of men as subjects and objects of history" (p. 34). Mochulsky, on the other hand, breathes a very different atmosphere. From the outset he talks of "the spiritual existence of Dostoyevsky's heroes," and he says of a man who wills a murder or one who "betrays himself to the powers of dark necessity" (pp. 302-303), "The murderer has stepped beyond something more than the moral law: the very basis ofthe spiritual worlditself" (p. 303). "The whole tragedy of man-godhood," he tells us, "is expressed in these few words: 'It seems to me,' Raskolnikov says, 'truly great people experience an immense... (shrink)

It is a truism that Nietzsche is a critic of morality. But what does Nietzsche have against this institution of morality? I consider the prominent interpretation of Brian Leiter’s that Nietzsche takes morality to task for its bad effects in hampering the flourishing of great individuals and cultures. There are good reasons, I argue, to resist this reading as the best, and certainly as the exclusive, account of the grounds for Nietzsche’s criticism of morality. I go on to propose (...) an alternative construal that sees Nietzsche as objecting to the expressive character of moral values themselves . My project, in the first instance, is the exegetical one of understanding what is going on in Nietzsche’s texts when he criticizes morality. Nonetheless, there are important philosophical lessons to be learned here from Nietzsche’s work, if not necessarily about the actual failings of morality itself, the.. (shrink)

In some passages Scotus seems to endorse a thoroughgoing voluntarism, holding not merely that the moral law is established entirely by God's will, but even that there is no reason why God wills in one way rather than another. In other passages, however, Scotus insists that reason plays an important role in morality—that right reason is an essential element in the moral goodness of an action, and that moral truth is accessible to natural reason. -/- Many commentators (...) have supposed that these two views are incompatible, and so they have seen only three options for interpreting Scotus: (i) one can simply concede that Scotus is inconsistent, (ii) one can deny that Scotus in fact allows reason a place in morality, or (iii) one can deny that Scotus is really a thoroughgoing voluntarist. We can find all three of these views in print. By laying out Scotus's view of the role of reason in morality and showing how it coheres with his voluntarism, I show that there is in fact no difficulty here. (shrink)

The book intends to interpret how different religions articulate their territories and manage the relationship with other religions, understanding systems and multiple everyday spaces, in a dynamic that is not only a component of contemporary reality, but is central to living it. The underlying thesis is that religion is the great geopolitical issue of our time, but an interpretation is only possible in terms of religious plurality and how ideas, symbolism, subjectivities and practices are incorporated in the daily life (...) of those who share the religious times and spaces, producing territorial identities and imaginary concrete cartographies as world projects. The volume has articles that focus on the religious space being gestated, expanded, contracted, celebrated or represented as a foundation for common life, as well as inter-religious conflicts arising in a world of diverse and differential coexistence. It is not a debate about classical geopolitics, but how geopolitical relations cross cultural-religious experience. (shrink)

Plato extends a bold, confident, and surprising empirical challenge. It is implicitly a claim about the psychological — more specifically motivational — economies of human beings, asserting that within each such economy there is a desire to live well. Call this claim ‘psychological eudaimonism’ (‘PE’). Further, the context makes clear that Plato thinks that this desire dominates in those who have it. In other words, the desire to live well can reliably be counted on (when accompanied with correct beliefs about (...) the role of morality or virtue in living well) to move people be virtuous. As we will argue, this general claim appears in not only Plato but Aristotle and the Stoics as well. But it is one we might wonder about, in three ways. First, we might wonder about its warrant. After all, the claim is universal in scope; yet it is about a highly contingent fact about the motivational propensities of individual human organisms, and there is abundant variability in the individual forms human nature takes. What grounds could the ancients have for their confidence that there are no outliers (assuming, as we do, that they do not merely misspeak in framing general claims as universal ones)? Second, we might wonder about its truth. For were it true, it would entail something remarkable about the nature of rationality that we (post-)moderns would be wise to heed. And third, we might wonder about its relationship with normative eudaimonism. By ‘normative eudaimonism’ (‘NE’) we mean the claim that we have conclusive reason to act in ways that conduce to our own eudaimonia. As we will show, the key to these three questions is the first. If we consider what justification the ancients have for their claim, we can see why that claim must be true. Moreover, as we will also show, it must be true because of the nature of practical rationality as the ancients understood it — that is, in terms of normative eudaimonism. We will show this by marshalling unexpected resources: Donald Davidson’s work in understanding how we interpret others and in so doing make sense of them as rational beings. If we couple Davidson’s account of interpretation with the eudaimonist structure of practical rationality essential to these ancient ethical theories, psychological eudaimonism is a consequence. The paper proceeds as follows. In Section I, we lay out the textual basis for ascribing PE to Plato, Aristotle, and the Stoics. In Section II, we introduce Davidson’s account of interpretation. This allows us to appropriate that account in Section III to the particular purposes of normative eudaimonism, to support the claim that we must ascribe the desire to live well to those whom we would see as rational. Finally, in Section IV we consider challenges to this strategy. (shrink)

before i begin, i would like to express my considerable gratitude to Heldke, Orosco, and Stehn for their stimulating reading of my work and their considered critiques, and to the SAAP Coss Committee for taking pains to represent a community, identifying members in the spirit of the SAAP. Indeed I must parallel and reflect the words Heldke used: "It was just fun to read... about a place... [described] by a theoretical tradition I value" or Orosco locating my scholarship in ancient (...) debates between forms of reasoning about human behavior, or Stehn making me think how to better achieve the aspirations of my applied scholarship. Again, let me say, thanks to you all.Readers made... (shrink)

In this paper, I reject that animal reasoning, negation in particular, necessarily involves the representation of absences, as suggested by Bermúdez (2003, 2006, 2007), since this would still work as a logical negation (unavailable for non-linguistic creatures). False belief, pretense, and communication experiments show that non-human animals (at least some primates) have difficulties representing absent entities or properties. I offer an alternative account resorting to the sub-symbolic similarity judgments proposed by Vigo & Allen (2009) and expectations: animal proto-negation takes (...) place through the incompatibility between an expected and the actual representation. Finally, I propose that the expectation paradigm be extrapolated to other experi-ments in cognitive psychology (both with pre-linguistic children and animals) in order to design fair experiments that test other minds considering their true abilities. (shrink)

We examined the effects of order of presentation on the moral judgments of professional philosophers and two comparison groups. All groups showed similar-sized order effects on their judgments about hypothetical moral scenarios targeting the doctrine of the double effect, the action-omission distinction, and the principle of moral luck. Philosophers' endorsements of related general moral principles were also substantially influenced by the order in which the hypothetical scenarios had previously been presented. Thus, philosophical expertise does not appear (...) to enhance the stability of moral judgments against this presumably unwanted source of bias, even given familiar types of cases and principles. (shrink)

RESUMEN El objetivo de este trabajo consiste en resaltar y rescatar la apropiación que Gadamer hace del concepto de la amistad, la philía griega. Se intentará ver su sentido específico en una suerte de exhortación, una contribución que no se hace bajo el título de experto ni de especialista sino de ciudadano que interpreta su propia realidad. En primer lugar, observaremos cómo este llamado se puede identificar como una tendencia propia de los análisis que Gadamer realiza sobre problemáticas sociales de (...) actualidad. Luego, se verá en la noción de amistad una forma de hacerle frente, según nuestro autor, a la evasión de sí al rescatar del olvido los vínculos auténticos con los otros que siempre están presentes como posibilidad abierta, pero que es necesario hacer efectiva en el involucramiento activo de cada uno de nosotros. ABSTRACT The aim of the present article is to emphasize and revive Gadamer's appropriation of the concept «friendship». I will try to construe its specific sense as a sort of exhortation, a contribution made, not by an expert or specialist, but by a citizen that interprets his own reality. First we will see how this call can be identified as a characteristic tendency of Gadamer's analysis of actual social problems. Then we will see in the notion of friendship a way to face the evasion of the self by recovering from the oblivion the authentic links with the others which are always present as an open possibility, but which need to be made effective in the active involvement of each and everyone of us. (shrink)

© 2016 Informa UK Limited, trading as Taylor & Francis Group. In this introduction, we first give a brief overview of the debate over multiculturalism in political theory. We then situate Alan Patten’s Equal Recognition in that context by highlighting his major normative thesis, according to which there are reasons of principle, in a liberal democracy, to grant special forms of public recognition and accommodation to cultural minorities. Finally, we present a succinct summary of the nine articles that follow this (...) introduction and that critically engage with Patten’s arguments. (shrink)

The studies show a positive and direct relationship between basic psychological needs satisfaction and intrinsic motivation of the students. However, there is a lack of studies that analyze the psychological processes that affect these relationships. For this reason, the purpose of this study was to investigate the mediating role of academic integration on the relationship between basic psychological needs satisfaction and intrinsic motivation of Chilean university students. The participants were a total of 580 students from a university in northern Chile, (...) 359 women and 221 men. The mediation analysis was performed by structural equations modeling, using the maximum likelihood method and the bootstrapping procedure with 10,000 iterations. The results indicated that academic integration partially mediated the relationship between basic psychological needs satisfaction and intrinsic motivation of the students. Therefore, the basic psychological needs satisfaction had an indirect effect on the intrinsic motivation of the students through academic integration. It is concluded that the academic integration constitutes a psychological process that promotes the development of intrinsic motivation for learning. The practical implications are discussed along with the limitations of the study and recommendations for future research. (shrink)

This essay aims to analyse the theoretical and epistemological foundations of the symbol and their representations. First of all, we have explored its ontological scope. Secondly, we have highlighted its presence in everyday life. Thirdly, we have underlined the importance of the interpretation when addressing their multiple senses. And fourthly, we have expressed its social and cultural importance. The thesis here is that the symbolic is a structural condition of humankind, such as a being of mediation. Therefore we claim (...) an epistemological perspective that takes into consideration this notion, key to understanding human being and psychosocial reality. El presente ensayo tiene como objetivo principal analizar los fundamentos teórico- epistemológicos del concepto de símbolo y sus formas de representación. En primer lugar se delimitó el alcance ontológico de esta noción. En segundo se destacó su presencia en la realidad cotidiana. En tercero se subrayó la importancia de la interpretación a la hora de abordar sus múltiples sentidos y, en cuarto, se manifestó su relevancia social y cultural. La tesis que aquí se sostiene es que lo simbólico es una condición estructural del ser humano, como ser de mediaciones. Por ello reivindicamos una perspectiva epistemológica que tenga presente esta noción, clave para comprender al ser humano y la realidad psico-social en la que se inserta. (shrink)

In this paper, I raise the problem of dealing with counterpossible conditionals for theories of subject matter. I argue that existing accounts of subject matter need to be revised and extended to be able to a) provide reasonable (potentially non-degenerate) verdicts about what counterpossibles are about, b) explain the intuition that counterpossibles are in some sense about what would happen if the antecedent were true, and c) explain in what sense counterpossibles can be about individuals. I sketch how one could (...) extend atom-based and way-based theories of subject matters to handle the problem. Then, I raise the problem that it might be desirable for a theory of subject matter to prevent the inference that certain counterpossibles are about the kinds of things that they seem to mention. (shrink)

The articles collected in this critical edition represent a variety of interpretations both of the kind of feminism Mill represents and of the specific arguments he offers in The Subjection of Women including their lexical ordering and relative merit. Each selection is preceded by a brief and useful summary of the author's position intended to assist introductory students.

This essay examines the relationship between Eric Voegelin and Leo Strauss in order to show the central themes necessary to elucidate their philosophical positions. The essay reveals the centrality of the figure of Plato as a point of departure to understand the agreement and the disagreement concerning fundamental questions (such as the way of reading ancient texts, the importance of the historical perspective or the importance of the study of the past in order to orient the modern science) which revolves (...) around the issue of the relation between revelation and philosophy. The work concludes with an identification of the common core of both thinkers that allows us to understand their differences (homogeneity or heterogeneity of reality and the human) and, moreover, identifies both perspectives with a «foundational» (Voegelin) or «negative» (Strauss) interpretation of Plato’s thought. (shrink)

Based on the observation that ancient Chinese thinkers formulated their conception of logic and agency mainly around the concept of biàn 辯 (discrimination), Chris Fraser argues that (1) ancient Chinese thinkers had no concept of sentence or proposition, (2) they did not engage in logical argumentation in its proper sense, and (3) reason or rationality was not highly valued in ancient China for normative evaluation of actions. However, the text of the Mòzǐ 墨子 contains strong pieces of evidence against these (...) claims, and I argue that the opposite is clearly the case in Mòzǐ. Then, I move on to apply the metaethical idea of judgment internalism—the idea that there is an “internal” or conceptual connection between moral judgment and motivation—to some passages from the Mòzǐ and argue that Mòzǐ is best interpreted as a flexible internalist who is willing to incorporate an externalist idea into his system of thought. (shrink)